Thursday, February 17, 2011

Cal. Supreme Court to Answer Certified Question on Prop 8

The California Supreme Court today said it would answer the standing question in the Proposition 8 same-sex marriage appeal at the Ninth Circuit U.S. Court of Appeals.

The justices unanimously agreed to say whether California law allows for ballot initiative proponents to defend the constitutionality of a measure when state officeholders refuse to do so.

The three-judge Ninth Circuit panel — Stephen Reinhardt, Michael Daly Hawkins and N. Randy Smith — sent the certified question to the Supreme Court in January after Reinhardt raised the idea during oral arguments Dec. 6.

The justices agreed to expedite the matter. In a short order, the Supreme Court set a briefing schedule that will allow for oral arguments "as early as" September. The first briefs are due March 14. Responses are due April 4.